Does the Attorney General's request for a forfeiture of a challenge based on defense counsel's failure to object?
California, United States of America
The following excerpt is from People v. Sanchez, D067336 (Cal. App. 2016):
10. We decline the Attorney General's request to find a forfeiture of this challenge based on defense counsel's failure to object during trial. "If the trial court provided misleading instructions to the jury, this error would affect the defendant's substantial rights. (People v. Hernandez (2010) 183 Cal.App.4th 1327, 1331, fn. 2.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defense counsel appeal against an admonition from the trial court for failing to timely object to challenged statements made by defense counsel regarding sexual assault? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Does the Attorney General's failure to properly object to the evidence at trial deprive defense counsel of the opportunity to raise the issue now? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
Does a defense counsel's failure to request a pinpoint instruction explaining that a subjective rather than objective test applies to reduce murder from first to second degree forfeited the argument? (California, United States of America)
Is the Attorney General's claim for misconduct forfeited if defense counsel did not object? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Does a defense counsel's failure to object to a prosecutor's reasonableness comments necessarily constitute ineffective assistance of counsel? (California, United States of America)
Does the Attorney General's failure to instruct the jury on a claim of right defense constitute ineffective assistance of counsel? (California, United States of America)
